K1 Visa for my fiance

[JimVaPhuong 4,863]

I know it can work. My friend did this. She did not meet her fiance' in person until he came over here after they went through this whole process. He has his interview last December, and was here a few days later.

Many reasons keep people from meeting each other. It states in the documents what you can do if meeting is not feasible, so please look! I know this because at one point I questioned all of this myself. It all depends on the situation. Really.

Besides the religious reasons, there may be financial concerns as well. I believe my friend was a combination of both of these. Seriously, some people cannot afford a $3000 airfare ticket plus travel expenses. I was very fortunate that I was able to piece together enough money to visit my fiance', but that is not to say the trip was not wraught with worry-about the religious piece. (another story; another time!)

My advice- Read ALL the documents. There are options for you.

Baj

There may indeed be many reasons that keep people from meeting each other, but only two are acceptable to USCIS.

1. Meeting would violate long standing strict social or religious customs.

2. Meeting would cause extreme hardship for the petitioner.

I have never heard of anyone getting a waiver of the 2 year meeting requirement for financial reasons - ever. The "extreme hardship" clause is primarily intended for situations where it's physically impossible for the petitioner to travel to meet the beneficiary. For example, the petitioner is hooked up to life support equipment in a hospital. There are countless stories from people on this website who've tried for a hardship waiver for financial reasons and been denied. Being successful in obtaining a K1 visa is, in part, dependent on the ability of the petitioner to sponsor and support the beneficiary, including the substantial costs for adjustment of status. It would be very difficult to make a case for financial hardship when you're petitioning for a privilege that requires your financial stability.

The waiver for strict customs is also very rarely granted. There are very few cultures where meeting at any time before marriage is strictly forbidden, and I'm not aware of any religion that has this requirement. Where such customs exist they usually forbid the couple to be alone together, and sometimes they are forbidden from seeing each other on the wedding day before the actual wedding. Neither of these prohibitions would prevent two people from physically meeting each other prior to being married. The odds are that USCIS is aware of just about every cultural and religious requirement that might affect the K1 meeting requirement. If someone applies for the waiver claiming it would violate strict customs, and anyone else from the same religion or culture has ever been granted a K1 visa after having met the requirement, then USCIS will probably reject the request.

[Otto 83]

A little confused... in a previous post, the OP asked:

I need a little help. I am a GreenCard Holder. I have a girlfriend in a foreign country that I would like to bring to US. What is my best option? Am i eligible to apply for K-1 or any other visa for her?

I wonder if this is still the case (that the OP is a PR/Green Card holder).

[Boiler 44,857]

No K1 for a PR.

[Gary and Alla 3,694]

I know that in India this is practiced still Not sure of any other cultures

Not saying it isn't practiced. However USCIS wants to know what you are going to do with her when she arrives in the USA, unmarried, on a K-1 visa? Marry her at the airport when she steps off the plane.

The instructions, by law, cannot discriminate against any religious belief, however it is the petitioner's responsibility to show thqt this custom is still followed, and WILL be followed, until the time of the wedding. I can tell you that USCIS is especially suspicious of these claims. Also, there is NO restriction against supervised meetings. You do not have to have sex with her, kiss her, or even touch her, you need to MEET with her in person. Her parents can stand between you.

You will also have to explain how these devout religious people, who will not allow you MEET before marriage, will be OK with their daughter flying off to a foreign country on a fiancee visa. Good luck with that.

You are wasting your time. You can choose to ignore that fact and spend months or years fighting it, or you can get yourself on a plane and go there to meet. Your choice.

[sachinky 464]

Arranged marriages (although declining in metropolitan or urban centers) still do take place in India. It's usually a family friend or a friend of a friend and there is definitely NO restriction on meeting prior to the marriage, under supervised conditions. Years ago when I was little, a cousin of mine was getting married and we went around visting houses of six different girls. After the customary greetings between the families, the potential bride and groom would be allowed to go to a room together for an half an hour or so, so they could get to talk about their likes/dislikes etc. It wouldn't be unchaperoned though, so obviously I would be sent with them. I'd sit around staring out of the window listening to awkward, fumbling conversation. Once outside, everyone would ask ME for the juicy details. Thankfully, he liked the sixth and last girl he saw and that was the end of that.

Nowadays, it's more of an extended dating network. So-and-so's son wants to get married--calls will be put around the neighborhood and amongst family members, looking to see if anyone knows of an eligible, educated girl. Or they end up marrying a family friend they've known since childhood but weren't in love or dated in the traditional sense. However, there is usually a courtship period to determine compatibility after the initial talks and the actual wedding day.

Sorry to go off-topic but that's just my two cents.

And as already been pointed out, this restriction goes against the logic of a K-1. Meeting isn't allowed but an unmarried girl would be allowed to fly and live with a stranger out of wedlock for 90 days? Really? USCIS isn't going to buy that. You're going to have to try harder.

Edited December 28, 2009 by sachinky

[baron555 934]

Hi All,

I will be applying for a K1 Visa for my Fiance, but I have couple of questions. I have received a lot of help in the past from the fellows here hopefully someone here have been in a same situation I am or know someone that have been.

A: How do I establish an Evidence of bonafide relationship when I havent even met my fiance due to customs and traditions of our culture/religion. We do however talk and email each other constatntly.

You can't. Exactly what religion and culture forbids you from meeting in person prior to marriage? If it isn't legit, then you will be denied. The proof is on you to prove that this religion and culture really exists.

B: Realisticly how long it will take from initial day of filing for my petition to getting a K1 Visa. I will be filing in VSC since I reside in Texas.

Realistically by looking at the Immigration Timelines posted at the top of this page.

C: Once approved and I have K1 visa for my fiance can I go to her country and bring her along with me.

Yes, but doesn't the religion and culture forbid you to do that? How can you go and see her in person once she has the visa but you can not do the same prior to filing for the visa petition? Exactly what religion and culture forbids a couple to meet in person until the fiancee has a US visa in hand?

And you do not obtain the visa, she does.

D: Is there any other option other than K1 Visa that is more faster.

You go to her country and marry and stay there. That is the quickest.

Thanks for all your help.